These Complaints Rules regulate the method and conditions of claiming defects in goods purchased through the online store https://novirusactive.com from the supplier
Linecká 260, 382 41 Kaplice
Delivery address: Novirea, sro,, Linecká 260, 382 41 Kaplice
Contact e-mail: email@example.com
These Complaints Rules have been prepared in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “ NOZ ”) and Act No. 634/1992 Coll., On Consumer Protection, as amended (hereinafter the “ Act ”) and applies to consumer goods (hereinafter referred to as ” goods “), for which the rights of the buyer from liability for defects (hereinafter referred to as ” claims “) are exercised during the warranty period .
The Complaints Procedure is an integral part of the General Terms and Conditions. By concluding the purchase contract, you agree with the General Terms and Conditions and these Complaints Rules and confirm that you are properly acquainted with them.
The Buyer according to these Complaints Rules is either the Buyer-Consumer in the sense of § 2 par. 1 let. a) of Act No. 634/1992 Coll. on Consumer Protection (hereinafter referred to as the “ Buyer-Consumer ”) or the Buyer-Entrepreneur who acts within the scope of his business activities (hereinafter referred to as the “ Buyer-Entrepreneur ”) when concluding and fulfilling a contract . The Buyer-Consumer and the Buyer-Entrepreneur are hereinafter collectively referred to as the ” Buyer “.
As a seller in concluding and fulfilling the purchase contract, we act within the scope of our business activities. As a seller, we are an entrepreneur who directly or through other entrepreneurs supplies the Buyer with products or services.
1. What defects of the goods are we responsible for?
As the seller, we are responsible for ensuring that the goods are free of defects upon receipt. This means that the goods on receipt in particular:
- has the characteristics that have been agreed between us, which we describe, or which you could expect with regard to the nature of the goods and on the basis of advertising;
- is in the appropriate quantity, measure or weight, quality and design;
- complies with legal requirements;
- the goods are fit for the purpose stated or for which the purchased goods are usually used;
- a defect of the goods is also considered to be a situation where we deliver goods to you other than those agreed between us;
- corresponds to the quality agreed between us, or the quality specified for the given type of goods by valid and effective legal regulations; and
- it has no legal defects, ie it has no property rights to the goods 3. the person and the goods are equipped with documents and papers necessary for the proper use of the goods.
We are also responsible to buyers – consumers for the fact that these defects do not occur during the warranty period. If you are not a consumer, the statutory warranty period according to Article 2 of these Complaints Rules is not provided to you. Article 2 applies only to consumers.
We do not provide any guarantee for quality beyond the warranty period for consumers .
If you are an entrepreneur, the rights arising from defective performance are based only on the defect that the goods had when the risk of damage to the goods passed, even if it manifests itself later. In the event that the defect occurs depending on the breach of any of our obligations, you are entitled to the rights of defective performance in such a case.
The difference in color shades in reality and on electronic display devices cannot be considered a defect of the goods. If the goods do not correspond to your idea, if you are a buyer – consumer, you have the right to withdraw from the contract within 14 days of receipt of the goods in accordance with Article 5 of the General Terms and Conditions , without giving any reasons for withdrawal.
2. What is the warranty period?
The warranty period lasts until the date of minimum durability, which is stated on the goods, or in the case of a perishable item, for the period during which the item can be used.
Unless the date of minimum durability is stated on the goods and unless the nature of the thing indicates otherwise, the warranty period for consumer goods for the buyer – consumer is twenty-four months from receipt of the goods. If you are a buyer – consumer and the defect of the goods manifests itself within six months of receipt, it is considered that the goods were defective at the time of receipt.
Please note that in the event that the goods are exchanged for you, the new goods will not have a new warranty period. However, in such a case, the warranty period is extended by the time for which you could not use the goods due to a defect, ie especially by the time for which the goods are with us due to a complaint.
3. What rights do you have from defective performance?
Your rights from defective performance are governed by the Civil Code, especially § 2099 to 2117 and if you are a consumer, also § 2165 to 2174.
Obvious damage to the goods or their packaging during delivery must be addressed immediately with the carrier and discrepancies must be recorded in the handover protocol (consignment note). As a buyer, you are not obliged to take over such goods from the carrier and inform us without undue delay of any damage found. On the day of receipt, properly check the integrity of the goods and the completeness of its accessories.
In the case of personal collection of goods, the moment of taking over the goods is the moment of the transfer of the risk of damage to the goods from the seller to the buyer. If you do not inspect the goods upon receipt, you can only claim defects found during this inspection if you prove that these defects (eg missing accessories) the goods already had a risk of damage to the goods at the time of the transfer. Subsequent claims for incompleteness of the goods or external damage to the goods do not deprive you of the right to make a claim. However, as a seller, we have the opportunity to prove that this is not a breach of the purchase agreement.
A. If you are a consumer or entrepreneur:
If the defect of the goods is a material breach of contract, you have the following rights from the defective performance:
- elimination of the defect by delivery of a new item without a defect or by delivery of a missing item;
- elimination of the defect by repairing the thing
- reasonable discount from the purchase price; or
- withdrawal from the contract.
In the event of a material breach of contract, when notifying the defect or without undue delay after notifying the defect, please inform us which right you have chosen from the defective performance. We warn you that if you do not do so, you will only have the rights that would belong to you in the event of a minor breach of contract. The choice made can be changed only after agreement with us. This does not apply if you have requested the correction of a defect that has proven to be irreparable.
If we do not eliminate the defect of the goods within a reasonable time, you can request a reasonable discount from the purchase price instead of removing the defect, or you can withdraw from the contract.
If the defect of the goods is a minor breach of contract, you can request:
- defect elimination; or
- reasonable discount from the purchase price.
If we do not eliminate the defect of the goods in time or we refuse to eliminate the defect, you can request a discount on the purchase price, or you can withdraw from the contract. The choice made can be changed only after agreement with us.
Please note that until you exercise your right to a discount on the purchase price or withdraw from the contract, we are entitled to deliver the missing goods or eliminate the legal defect (especially to deliver the missing documents).
An exchange of goods or withdrawal from the contract cannot be requested if you cannot return the item in the condition in which you received it. This does not apply if:
- the condition has changed as a result of an inspection in order to detect a defect in the item;
- you used the thing before the defect was discovered;
- you have not made it impossible to return the thing in an unaltered state by act or omission; or
- you sold the item before the defect was discovered, consumed it, or altered the item in normal use; if this is only partially the case, you will return to us what else you can return and give us compensation up to the amount in which you benefited from the use of the item.
B. Only if you are a consumer:
If the defect of the goods manifests itself within six months of receipt, it is considered that the item was defective at the time of receipt. As a consumer, you are entitled to exercise the right to a defect that occurs in consumer goods within 24 months of receipt of the goods.
If a defect in consumer goods occurs during the warranty period in accordance with Article 2 of these Complaints Rules, you have the following rights from the defective performance:
If the goods do not have the properties set out in Article 1 of these Complaints Rules, you can also request the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only part of the item, you can only request replacement of the part; if this is not possible, you can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be rectified without undue delay, you have the right to rectify the defect free of charge.
You have the right to deliver a new item or replace a part even in the case of a remediable defect, if you cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, you also have the right to withdraw from the contract.
If you do not withdraw from the contract or if you do not exercise the right to deliver a new item without defects, to replace its part or to repair the item, you can request a reasonable discount. As a buyer, you have the right to a reasonable discount even if we cannot deliver a new item to you without defects, replace its part or repair the item, as well as if we do not arrange a remedy within a reasonable time or if arranging a remedy would cause you considerable difficulties.
If you request it as a consumer, we will confirm to you in writing the extent and duration of our obligations in the event of defective performance.
4. When cannot the rights arising from defective performance be exercised?
You do not have the rights from defective performance if:
- you knew about the defect before taking over the thing;
- you caused the defect yourself; or
- the warranty period has expired.
The warranty and claims for liability for defects also do not apply to:
- wear and tear of the goods caused by their normal use;
- items sold at a lower price – only in relation to the defect for which the lower price was agreed; or
- if it follows from the nature of the matter.
5. How to proceed with a complaint?
File a complaint with us without undue delay from the discovery of the defect. In accordance with the Consumer Protection Act, we accept complaints:
at our headquarters;
at the place of business.
Recommended procedure for complaints:
you can inform us in advance by e-mail or in writing about faster complaints;
at the same time, it is advisable to inform us about the right from the defective performance you have chosen, ie whether you are interested in exchanging goods, withdrawal from the contract, discount from the purchase price, or other rights in accordance with these complaints rules, and the Civil Code;
you will deliver the claimed goods to us (other than by cash on delivery, which we do not accept), and when sending, we recommend packing the goods in a suitable package so that it is not damaged or destroyed;
To facilitate the procedure, it is appropriate to enclose a proof of purchase of goods or a tax document – an invoice, if issued, or another document proving the purchase of goods, together with a description of the defect and a proposal for resolving the complaint.
Failure to comply with any of the above steps or failure to submit any of the above documents does not prevent the positive settlement of the complaint according to the legal conditions.
In case of a claim for goods, we recommend using our Complaint Form .
The moment of claim is the moment when we were notified of the occurrence of a defect and exercised the right of liability for defects of the sold item.
We decide on the received complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, will be settled without undue delay, no later than 30 days from the date of the complaint, unless we agree on a longer period.
When making a complaint, we will issue you a written confirmation of when you exercised the right, what the content of the complaint is and what method of handling the complaint you require; and further (after the complaint has been settled) we will issue you a confirmation of the date and method of settling the complaint, or a written justification for rejecting the complaint.
In accordance with the Civil Code, you have the right to reimbursement of purposefully incurred costs when making a claim for goods. Please note that you must exercise the right to reimbursement of these costs within one month of the expiry of the period within which the defect must be alleged.
6. Return of goods
In the event of withdrawal from the contract under these terms and conditions, we will return to you without undue delay, no later than fourteen days after withdrawal from the contract, all funds, including delivery costs, which we received from you under the contract under these general terms and conditions, in the same way if another way.
If, as a consumer, you have chosen a method of delivery other than the cheapest method of delivery that we offer, we will refund the cost of delivery of goods in the amount corresponding to the cheapest method of delivery of goods offered.
Pursuant to the provisions of § 1832 of the Civil Code, we would like to draw your attention to the fact that the costs associated with the return of goods are borne by the buyer, in accordance with the provisions of § 1820 para. g) of the Civil Code.
If you have withdrawn from the contract concluded in accordance with these terms and conditions, we are not obliged to return the funds received to you before you hand over the goods in question to us or before you prove that you have sent the goods.
As a buyer – consumer, you can use the sample form called the Form for withdrawal from the contract, which you can find at https://novirusactive.com/reklamacni-rad/ , but it is not your responsibility. We will confirm the receipt of the notice of withdrawal from the contract without undue delay. You do not have to justify any withdrawal from the contract.
Send the goods to the above address with a copy of the invoice.
We will inform you about the receipt of the returned goods.
This Complaints Procedure is valid and effective from 1.7.2020.